FR petition on elephant deaths involving train driver to be heard on December 3

Colombo,Nov. 26 (Daily Mirror) - The Fundamental Rights petition filed by a group of environmental activists seeking an order for disciplinary and legal action against a 67-year-old engine driver, who has allegedly been involved in seven separate elephant fatalities on the Batticaloa–Colombo railway line, was fixed for December 3 by the Supreme Court today.

A three-judge bench of the Suprime Court, comprising Justice Mahinda Samayawardhena, Justice Arjuna Obeyesekere and Justice Sampath Abayakoon, fixed the matter for December 3, to be taken up before a bench headed by Chief Justice Preethi Padman Surasena.

Five environmental activists filed this application seeking urgent judicial intervention to address the growing number of wild elephant deaths caused by train collisions. 

The petitioners, K. Priyadharshani, S. Rajapaksa Adikaram, Auradha Ruwan Chandrashantha, Anusha David and Jayaruwan Chandrashantha have urged the Court to direct the General Manager of the Sri Lanka Railway Department to initiate a formal inquiry into these incidents. They allege that despite repeated collisions resulting in elephant deaths, no disciplinary measures have been taken against the driver, identified as Senaratne, who continues to operate trains along the same route.

The activists are further seeking an order directing railway authorities to investigate all wild elephant fatalities caused by train collisions during the past 12 months and to take appropriate disciplinary or legal action against any responsible employees, including train drivers.

In their petition, the activists stress that elephant-train collisions have become a persistent tragedy in Sri Lanka, with little effective intervention by authorities. Citing government statistics, the petition notes that in 2024, 386 elephant deaths were reported, including 11 caused by train collisions, while in 2023, 488 elephants were killed, with 24 fatalities resulting from train accidents.

The General Manager of the Sri Lanka Railways Department, the Secretary to the Ministry of Transport and Highways, the Director General of the Department of Wildlife Conservation and the Conservator General of Forests have been named as respondents in the petition.

President's Counsel Upul Jayasuriya with Senior Counsel Sandamal Rajapakse and Counsel Harsha Mendis appeared for the petitioners.